Some individuals actively look for homes facing foreclosure because they believe it offers them the chance to buy property for considerably less than what they might pay for a comparable non-foreclosure home. However, finding homes in foreclosure can be tricky, and you need to know where to look.
What Is a Foreclosure?
Foreclosure is a legal process initiated when a borrower fails to make the necessary mortgage payments on their home or property. Typically, missing a specific number of payments can trigger the foreclosure process. To recover the amount a borrower still owes, the lender can take ownership of the home or property. The lender then sells the property to recoup their money.
What Protections Do Florida Homeowners Have Against Foreclosure?
In Florida, a lender like a bank or a homeowners’ association (HOA) seeking to foreclose on a home must first receive approval from a judge. A complaint is filed in the circuit court where the property is located. The complaint will be served on the homeowner. The court applies the principles of equity to ensure the process is fair.
One way a Florida homeowner can fight foreclosure is to challenge the complaint in court during this process. The homeowner can present a defense and objections to the bank’s attempts to foreclose on the real estate.
Common defense strategies that could apply to a foreclosure situation can include:
- Foreclosure based on inaccurate information
- Foreclosure based on false information
- Eminent domain
- Truth in lending act
- Loss mitigation
- Predatory or unfair lending practices
- Gaps in the chain of title for the note
- Failure to follow state and federal laws or regulations
If your home is in foreclosure or you think it soon will be, the experienced Florida foreclosure attorneys at Loan Lawyers can examine your situation and loan documents to identify potential defense strategies.
How Can I Find Out Whether a Home Is Being Foreclosed?
In Florida, can you find out if a house is in foreclosure? Many Florida counties make it relatively easy to search for foreclosure information. Counties like Broward and Miami-Dade provide detailed foreclosure case and docket information on their public websites. You can also check the county recorder’s office and the county assessor’s website for more information on whether a home faces foreclosure.
Additionally, you may find out if a property is in foreclosure by scanning the foreclosure information in local newspapers and public auction listings. Bank listings may also help you track down foreclosed properties.
Can a Foreclosure be Stopped?
Yes, you can stop foreclosures in Florida under certain circumstances. Our attorneys can help you mount a legal defense stopping a bank or lender from foreclosing on your home. However, other methods may also stop foreclosure. Bankruptcy is one such option.
Bankruptcy temporarily stops creditors from attempting to collect on debts the filer owes. Filing for bankruptcy typically means a stay goes into effect, preventing foreclosure. The lender must seek permission to continue with foreclosure by filing a motion in court, giving you more time to assess your options. Filing Chapter 13 bankruptcy may allow you to keep your home while repaying delayed mortgage payments or modifying your mortgage.
Talk to a Florida Debt Solution and Foreclosure Attorney Today
Are you stuck in a cycle of debt, stress, and anxiety? Discuss your situation with seasoned Florida debt solutions and foreclosure attorneys at Loan Lawyers. Our legal team wants to help you rebuild your financial stability.
Contact a compassionate Florida foreclosure defense attorney for a free and confidential consultation today.
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Loan Lawyers is made up of experienced consumer rights attorneys who use every available resource to develop comprehensive debt solution strategies. Our goal is to take on those burdens, resolve those problems, and allow our clients to sleep soundly knowing they are on the path to a better future.
